CWA Permit Not Needed for Some Farming

April 1, 2002

The Environmental Protection Agency will not require a Clean Water Act permit for agricultural irrigation systems if herbicides are used according to a federally approved product label. EPA relied on a congressional statement that "the (EPA) administrator shall not require a [Clean Water Act] permit...for discharges composed entirely of return flows from irrigated agriculture."

That "confirms that lawful application of aquatic herbicides to ensure flow in an irrigation canal in a manner consistent with a federally-approved product label does not require a Clean Water Act permit," EPA said.

EPA will continue to use its full enforcement authority under FIFRA to ensure that pesticides are used according to directions on EPA-approved product labels and that such use does not result in unreasonably adverse effects to the environment.

The agency said the statement is intended to resolve a degree of confusion created by the case Headwaters, Inc. v. Talent Irrigation District which involved the misuse of an aquatic herbicide in an irrigation canal. The statement confirms that the application of an aquatic herbicide to maintain an irrigation system, when done according to instructions contained on the product's EPA-approved label, is governed by FIFRA and is exempt from the requirement to obtain a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act, according to EPA.

Full text of the agency's policy statement on the issue is available at: http://www.epa.gov/pesticides/ or at http://www.epa.gov/npdes under "What's New."